Trump's Trials - Babies are an afterthought in the birthright citizenship case, advocates say

Episode Date: March 31, 2026

Some advocates say that a key part in the debate over birthright citizenship is being overlooked. NPR's Selena Simmons-Duffin reports. Support NPR and hear every episode of Trump's Terms sponsor-free with NPR+. Sign up at plus.npr.org.To manage podcast ad preferences, review the links below:See pcm.adswizz.com for information about our collection and use of personal data for sponsorship and to manage your podcast sponsorship preferences.Learn more about sponsor message choices: podcastchoices.com/adchoicesNPR Privacy Policy

You're listening to Trump's terms. I'm Scott Detrow. Every episode, we bring you one story from NPR's recent coverage of the 47th president. With a focus on ways his administration is pushing the boundaries of presidential power. Here's the latest from NPR. From NPR news, I'm Lela Falded. The Supreme Court will consider the future of birthright citizenship tomorrow. It's a constitutional right that says anyone born in the U.S. is automatically a U.S. citizen. As NPR Selena Simmons-Duffin reports, some advocates say a key part of the case is being left out of the discussion, the effect on birth and infant health.

This lack of consideration makes Bruce Leslie absolutely livid. It's in the words, birthright citizenship, so this is about babies. Leslie is the president of first focus on children, a bipartisan advocacy group for children and families, which submitted an amicus brief in this case. He says during the debate on this issue in recent. in congressional hearings, he heard witnesses and lawmakers talk about administrative challenges, historical context, and political allegiance. The word child does not cross their lips. That is a serious oversight, he argues.

This impacts every baby born in America. That's because without birthright citizenship, the family of every baby born in the U.S. would need to prove their citizenship. All new parents would have a new bureaucratic hurdle. Right now, access to programs like medics, Medicaid and food benefits is simple for babies born in the U.S. because they're all citizens and therefore all potentially eligible. If you say, well, we don't know if the baby is a citizen. It is highly questionable whether babies will then have Medicaid, WIC, SNAP, any access to these critical programs at the most vulnerable time in any of our lives. That means there could be delays for babies who are really eligible in those critical early days.

Even when a baby is born full-term and healthy, the first weeks are busy and health coverage is key. You have well-child visits and immunizations and a lot of appointments to make sure that the child's thriving and developing properly and getting the services and care they need. For babies born with serious health conditions, parents and hospitals could be in the position of not knowing whether the baby is eligible for insurance and whether medical treatments will be covered. The process of established. whether or not a baby is a citizen could also be difficult and costly in many cases. Hannah Steinberg is a staff attorney for the ACLU Immigrants Rights Project and briefed reporters last week. She says there are many situations in which U.S. citizen children could be denied their rights. For instance, if a woman who is not a citizen gives birth to a child whose father is unknown or unlisted.

Children in that situation where the father, you know, is a green card holder or a U.S. citizen, the child is not going to get citizenship. She adds that there are also cases where babies are found in the U.S. and the identities of both parents are unknown. The law actually says that these children are U.S. citizens, but this executive order just completely strips that away and says, no, it matters who your parents are. Leslie adds there are many other situations

where it would be complicated to prove a baby's citizenship, like surrogacy and in vitro fertilization. How about same-sex parents? How about kids given up for adoption? Even in cases like what happens to all the babies who were born after the L.A. wildfires. No one has their documents. The house burned down. Health policy professor Arturo Vargas Bustamante of UCLA says that just the fact that this issue is being debated and considered by the Supreme Court is already having an impact on maternal and infant health, especially in the Latino community.

When you have fear and you stop going to the doctor, even if you're really, eligible, then in the future there are important consequences. For example, pregnant patients who delay prenatal care are more likely to have babies with low birth weight, he says, which can have lifetime consequences for their health. Selina Simmons-Duffin, NPR News. And before we wrap up, a thank you to our NPR Plus supporters who hear each show without sponsored messages and, of course, who help protect independent journalism. If you are not a supporter yet, you can visit plus.npr.org to find out how you can get a ton of podcast perks across dozens of NPR shows, like bonus episodes, exclusive merchandise, and more.

Again, that's plus.npr.org. I'm Scott Detrow. Thanks for listening to Trump's Terms from NPR.